1501:22-1-01
Definitions.

(A)
"Appurtenant
structure" means a structure which is on the same parcel of property as the
principal structure and the use of which is incidental to the use of the
principal structure.

(B)
"Appeal"
means a request for a review of the county or municipal corporation permit
administrator's interpretation of any provision of the flood damage prevention
regulations or a request for a variance.

(C)
"Area of shallow flooding" means a
designated AO, AH, or VO zone on a county's or municipal corporation's Flood
Insurance Rate Map (FIRM) with a one per cent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow.

(D)
"Area of special
flood hazard" is the land in the floodplain within a county or municipal
corporation subject to a one per cent or greater chance of flooding in any
given year. The area may be designated as Zone A on the Flood Hazard Boundary
Map (FHBM). After detailed rate making has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30,
AE, A99, VO, V1-30, VE, or V.

(E)
"Base flood" means the flood having a one per cent chance of being equalled or
exceeded in any given year. The base flood is also referred to as the
one-hundred year flood.

(F)
"Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.

(G)
"Breakaway wall" means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under
specific lateral loading forces, without causing damage to the elevated portion
of the building or supporting foundation system.

(H)
"Coastal area" means the waters of lake
Erie, the islands in the lake, and the lands under and adjacent to the lake,
including transitional areas, wetlands, and beaches. The coastal area extends
in lake Erie to the international boundary line between the United States and
Canada and landward only to the extent necessary to include shore-lands, the
uses of which have a direct and significant impact on coastal waters as
determined by the director of natural resources.

(I)
"Coastal flood hazard area" means any
territory within the coastal area that has been identified as a special flood
hazard area under the Flood Disaster Protection Act of 1973, 87 Stat. 975,
42 U.S.C. 4002, as amended, and is subject to
lake Erie-related flooding.

(J)
"Coastal high hazard area" means an area of special flood hazard, as identified
by the federal emergency management agency, along the open coast at lake Erie
and any other area subject to high velocity wave action from storms or seismic
sources along lake Erie and its bays.

(K)
"Development" means any artificial change
to improved or unimproved real estate, including, without limitation, the
construction of buildings and other structures and mining, dredging, filling,
grading, paving, excavation and drilling operations.

(L)
"Director" means the director of the
department of natural resources, state of Ohio or his designee.

(M)
"Elevated building" means a non-basement
building (a) built, in the case of a building in Zones A1-30, AE, A, A99, AO,
AH, B, C, X, or D, to have the top of the elevated floor, or in the case of
building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor, elevated above the ground level by
means of pilings, columns (posts and piers), or shear walls parallel to the
flow of the water and (b) adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude of
the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, or D,
"elevated building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated
building" also includes a building otherwise meeting the definition of
"elevated building," even though the lower area is enclosed by means of
breakaway walls if the breakaway walls meet the standards of paragraph (D)(4)
of rule
1501:22-1-04 of the
Administrative Code.

(N)
"Existing
manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date
of the floodplain management regulations adopted by a county or municipality.

(O)
"Expansion to an existing
manufactured home park or subdivision" means the preparation of additional
sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of
concrete pads).

(Q)
"Flood Hazard Boundary Map"
(FHBM) means an official map of a county or municipal corporation, issued by
the federal emergency management agency, where the boundaries of the flood
areas having special hazards have been designated as Zone A.

(R)
"Flood Insurance Rate Map" (FIRM) means
an official map of a community, on which the federal emergency management
agency has delineated both the special hazard areas and the risk premium zones
applicable to the community.

(S)
"Flood insurance rate zones" means the various flood insurance risk premium
zones identified on a county's or municipal corporation's FIRM or FHBM issued
by the federal emergency management agency. The symbols used to designate these
zones are as follows:

A Area of special flood hazard without base flood elevations
determined.

A1-30, AE Area of special flood hazard with base flood
elevations determined.

AO Area of special flood hazard having shallow water depths
and/or unpredictable flow paths between one and three feet.

A99 Area of special flood hazard where enough progress has been
made on a protective system, such as dikes, dams, and levees, to consider it
complete for insurance rating purposes.

AH Area of special flood hazard having shallow water depths
and/or unpredictable flow paths between one and three feet, and with base flood
elevations determined.

V Area of special flood hazard along coast with velocity hazard
(coastal high hazard area); no base flood elevations determined.

V1-30, VE Area of special flood hazard along coast with
velocity hazard (coastal high hazard area); base flood elevations determined.

VO Area of special flood hazard along coast with velocity
hazard having shallow water depths and/or unpredictable flow paths between one
and three feet.

B, X Area of moderate flood hazard.

C, X Area of minimal hazard.

D Area of undetermined but possible flood hazard.

(T)
"Flood insurance study" means
the official report in which the federal emergency management agency has made
an examination, evaluation, and determination of flood hazards and, if
appropriate, corresponding water surface elevations and floodway boundaries.

(U)
"Floodway" means the channel
of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.

(V)
"Floodproofing" means any combination of
structural and non-structural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.

(W)
"Functionally dependent use"
means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not
include long-term storage or related manufacturing facilities.

(1)
Listed individually in the
national register of historic places (a listing maintained by the United States
department of the interior) or preliminarily determined by the secretary of the
United States department of the interior as meeting the requirements for
individual listing on the National Register;

(2)
Certified or preliminarily determined by
the secretary of the United States department of the interior as contributing
to the historical significance of a registered historic district or a district
preliminarily determined by the secretary to qualify as a registered historic
district;

(4)
Individually listed on a local inventory
of historic places in counties or municipal corporations with historic
preservation programs that have been certified by the Ohio historical society.

(Y)
"Lowest floor"
means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area other than a basement area is not
considered a building's lowest floor, provided, that such enclosure is not
built so as to render the structure in violation of the applicable
non-elevation design requirements of rule
1501:22-1-04 of the
Administrative Code.

(Z)
"Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle".

(AA)
"Manufactured home park or subdivision"
means a parcel or contiguous parcels of land divided into two or more
manufactured home lots for rent or sale. This definition shall exclude any
manufactured home park as defined in section
3733.01 of the Revised Code,
over which the public health council has exclusive rule making power.

(BB)
"National Flood Insurance
Program" means a federal program established by Congress in 1968, that allows
property owners to purchase federally backed flood insurance within communities
that participate in this program. In return for this insurance protection,
participating communities must regulate new development within special flood
hazard areas identified and mapped by the federal emergency management agency.

(CC)
"New construction" means
structures for which the "start of construction" commenced on or after the
effective date of a floodplain management regulation adopted by a county or
municipal corporation and includes any subsequent improvements to such
structures.

(DD)
"New manufactured
home park or subdivision" means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by a county or municipality.

(EE)
"Noncompliance" means the
failure of a structure or other development to be fully compliant with the
standards of the national flood insurance program or those promulgated under
rule 1501:22-1-04 of the
Administrative Code concerning floodplain management criteria.

(FF)
"Recreational vehicle" means a vehicle
which is (1) built on a single chassis; (2) four hundred square feet or less
when measured at the largest horizontal projections; (3) designed to be
self-propelled or permanently towable by a light duty truck; and (4) designed
primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.

(GG)
"Special flood hazard area" means the
same as "area of special flood hazard."

(HH)
"Start of construction" includes
substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within one
hundred eighty days of the permit date. Start of construction means the first
placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.

(JJ)
"Substantial damage" means damage of any
origin sustained by a structure whereby the cost of restoring the structure to
its before damaged condition would equal or exceed fifty per cent of the market
value of the structure before the damage occurred.

(KK)
"Substantial improvement" means any
rehabilitation, addition or other improvement of a structure, the cost of which
equals or exceeds fifty per cent of the market value of the structure before
the "start of construction" of the improvement. This term includes structures
which have incurred "substantial damage", regardless of the actual repair work
performed. The term does not, however, include either (1) any project for
improvement of a structure to correct existing violations of state or local
health, sanitary or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions or (2) any alteration of a "historic structure."

(LL)
"Variance" means a grant of
relief by a county or municipal corporation from the terms of its floodplain
management regulations.